Summary: We will not exercise discretion to investigate this complaint about a refund of council tax. This complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner.

The complaint

1. Ms X complained about the Council’s failure to refund a credit of council tax to her which she requested as a cheque payment in 2021. She says the Council may have breached data protection regulations by retaining her email address for setting up bank payments without her consent.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide:

• any injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint, or

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered the information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X says she claimed a refund to be paid by cheque when she changed address in May 2021. She complained tot eh Council in April 2022 when she was advised that it had retained her email address for direct bank payments. She believes this may be a breach of data protection regulations.
7. Miss X has been seeking payment of the refund of £4.92 by cheque since July 2021 and she made a formal complaint in April 2022. We will not investigate complaints where it was reasonable for someone to complain to us within 12 months of being aware of the matter in question. There is no evidence to suggest that Ms X could not have complained to us sooner.
8. Complaints about breaches of the General Data Protection Regulations fall within the remit of the office of the Information Commissioner and this body is better placed to consider a complaint about handling of personal data.

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Final decision

9. We will not exercise discretion to investigate this complaint about a refund of council tax. This complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman